Frank Renz v. Clearview (Township), 2024 CanLII 38856

Ontario Land Tribunal

Issue Date: April 22, 2024 Case No(s).: OLT-22-004062

Proceeding Commenced Under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Frank Renz Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Reference Number: 2021-069-ZB Property Address: 3341 3/4 Sideroad Sunnidale Municipality/UT: Clearview/Simcoe OLT Case No: OLT-22-004062 OLT Lead Case No:: OLT-22-004062 OLT Case Name: Renz v. Clearview (Township)

Heard: March 8, 2024 by Video Hearing

Appearances

Parties	Counsel
Frank Renz ("Applicant/Appellant")	Konstantine Stavrakos
Township of Clearview ("Township")	Carly Emmet, Harold Elston (in absentia)

Memorandum of Oral Decision Delivered by Jennifer Gold on March 8, 2024 and Order of the Tribunal

Introduction

1The Tribunal convened a second Case Management Conference ("CMC") with respect to an appeal under s. 34(11) of the Planning Act by the Applicant/Appellant against the Township regarding Council's refusal to make a decision for a Zoning By-law Amendment ("ZBLA") application concerning 3341 3/4 Sideroad Sunnidale ("Subject Lands"). The purpose of the Application is to amend the zoning on a portion of the Subject Lands from "Environmental Protection" to "Rural". The Application will result in an expansion of the Subject Lands Rural (RU) Zone limits, increasing the size of a potential building envelope on the Subject Lands.

Procedural Order

2A draft Procedural Order ("PO") was not submitted in advance of the CMC. The Tribunal ordered that a draft PO be submitted to the Tribunal on or before Friday, April 12, 2024. The Tribunal received a consent PO and Issues List which it has reviewed and finds acceptable. The fixed dates for the Hearing on the Merits and for the Pre-Hearing timeline, are provided for in the PO, appended to this Decision as Schedule A.

Hearing

3Following consultation and respecting the Tribunal's calendar and the availability of Counsel and the Parties, a five-(5) day Hearing on the Merits, by Video Hearing ("VH") was agreed upon, commencing on Monday, September 16, 2024, at 10 a.m. up to and including Friday, September 20, 2024.

4Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:

GoToMeeting: https://global.gotomeeting.com/join/719383509

Access Code: 719 -383-509

5Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.

6Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the VH to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal's Case Coordinator having carriage of this case.

Order

7THE TRIBUNAL ORDERS THAT:

1. A five-(5) day Merit Hearing, by Video Hearing shall commence on Monday, September 16, 2024, at 10 a.m.;

2. The Procedural Order appended as Schedule A to this Decision shall govern the conduct of this proceeding; and

3. This Member is not seized.

"Jennifer Gold"

JENNIFER GOLD

MEMBER

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Schedule A

CASE NO(S).: OLT-22-004062

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Frank Renz Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Reference Number: 2021-069-ZB Property Address: 3341 3/4 Sideroad Sunnidale Municipality/UT: Clearview/Simcoe OLT Case No: OLT-22-004062 OLT Lead Case No:: OLT-22-004062 OLT Case Name: Renz v. Clearview (Township)

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday, September 16, 2024 at 10 a.m. To be provided: https://global.gotomeeting.com/join/719383509

3. The parties' initial estimation for the length of the hearing is -5- days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before June 3, 2024 (date – at least 55 days prior to the start of the hearing ) and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness' Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before July 22, 2024 (date) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before August 29, 2024 (date – at least 15 days prior to the start of the hearing).

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert's evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence, as in paragraph 13 below.

13. On or before August 2, 2024 (date – at least 45 days prior to the start of the hearing), the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before August 2, 2024 (date – at least 45 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal

15. On or before August 19, 2024 (date – at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before September 5, 2024 (date), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 6, 2024 (date – at least 10 days prior to the start of the hearing).

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 5, 2024 (date – at least 7 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

ATTACHMENT 1

PARTIES AND PARTICIPANTS

Applicant/ Appellant - Frank Renz Konstantine Stavrakos O'Connor MacLeod Hanna LLP 700 Kerr Street Oakville, Ontario L6K 3W5 Email: stavrakos@omh.ca Tel: 905-842-8030 ext. 3361

Township of Clearview Harold Elston Carly Emmett Barriston LLP 151 Ferris Lane, Suite 202 Barrie, Ontario L4M 6C1 Email: helston@baristonlaw.com cemmett@barristonlaw.com Tel: 705-792-9200

ATTACHMENT 2

ISSUES LIST

Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

Regard for the Planning Act, R.S.O. 1990, c. P.13 (the "Planning Act")

1. Does the application have regard to matters of provincial interest, as per Section 2 of the Planning Act, as amended, specifically subsections a), c), d), f), h), o), and g)?

Consistency with the Provincial Policy Statement, (2020) (the "PPS")

2. Is the application consistent with the Natural Heritage policies within Section 2.1 of the PPS, specifically:

   1. Has the application demonstrated that natural features on the subject lands will be protected for the long term?
   2. Has the application demonstrated consistency with Section 2.1.2 of the PPS by demonstrating that the diversity and connectivity of natural features in an area, and the long term ecological function and biodiversity of natural heritage systems has been maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features?
   3. Has the Applicant appropriately identified the natural heritage systems on the subject lands as per Section 2.1.3?
   4. Has the application demonstrated consistency with Section 2.1.4 a) of the PPS by demonstrating that development and site alteration have not been proposed in significant wetlands in Ecoregion 6E?
   5. Has the application demonstrated consistency with Section 2.1.5 of the PPS by demonstrating that development and site alteration have not been proposed in: b) significant woodlands in Ecoregion 6E and/or d) significant wildlife habitat, unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions?
   6. Has the application demonstrated consistency with Section 2.1.7 of the PPS by demonstrating that all development and site alteration are outside of the habitat of endangered species and threatened species, except in accordance with provincial and federal requirements?
   7. Has the application demonstrated consistency with Section 2.1.8 of the PPS by demonstrating that development and site alteration have not been proposed on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5 and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions?

3. Is the application consistent with the Natural Hazard policies within Section 3.1 of the PPS, and specifically:

   1. Has the application demonstrated consistency with Section 3.1.1 b) of the PPS, by demonstrating that the proposed development has been directed to areas outside of hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards?
   2. Has the application demonstrated consistency with Section 3.1.2 c) of the PPS, by demonstrating that the proposed development is outside of an area that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard?

Has the application demonstrated consistency with Section 3.1.2 d) of the PPS by demonstrating that the development is outside of a floodway regardless of whether the area of inundation contains high points of land not subject to flooding?

Conformity with A Place to Grow, Growth Plan for Greater Golden Horseshoe, 2020 (the "Growth Plan")

4. Does the application conform with the Growth Plan, as amended, and specifically:
   1. Has the application demonstrated conformity with Section 4.2.2, subsection 3. a) i.-vi., being policies directed to new development or site alteration within the Natural Heritage System?
   2. Has the application demonstrated conformity with Section 4.2.3, subsection 1. a)-g), being policies directed to development or site alteration within key natural heritage features?
   3. Has the application demonstrated conformity with Section 4.2.4, being policies directed towards lands adjacent to key hydrologic features and key natural heritage features, inclusive of significant woodlands?

Conformity with County of Simcoe Official Plan (the "County OP")

5. Does the application conform with the General Development policies in Section 3.3 of the County OP, as amended, and specifically:
   1. Has the Applicant appropriately identified "Natural Heritage Features and Areas (Natural Heritage)", as defined in Section 5.8 Definitions of the County OP?
   2. Has the application demonstrated conformity with Section 3.3.15 i) of the County OP by demonstrating that development and site alteration have not been proposed in significant wetlands and significant coastal wetlands?
   3. Has the application demonstrated conformity with Section 3.3.15 ii) of the County OP by demonstrating that development and site alteration have not been proposed in the following, and has it been demonstrated that there will be no negative impacts on the natural features or their ecological functions: significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest (ANSis), and coastal wetlands?
   4. Has the application demonstrated conformity with Section 3.3.15 v) of the County OP by demonstrating that development and site alteration have not been proposed in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements?

Has the application demonstrated conformity with Section 3.3.15 vi) of the County OP by demonstrating that development and site alteration have not been proposed on adjacent lands to the natural heritage features and areas listed in subsection 3.3.15 and that the ecological function of the adjacent lands has been evaluated and has it been demonstrated that there will be no negative impacts on the natural features or on their ecological functions?

6. Does the application conform with the Greenlands policies in Section 3.8 of the County OP, as amended, and specifically:
   1. Has the application demonstrated conformity with Section 3.8.1 of the County of Simcoe OP by demonstrating consistency with the development objective to protect and restore the natural character, form, function, and connectivity of the natural heritage system of the County of Simcoe, and to sustain the natural heritage features and areas and ecological functions of the Greenlands designation and local natural heritage systems for future generations?
   2. Has the application demonstrated conformity with Section 3.8.3 of the County of Simcoe OP by demonstrating consistency with the development objective to improve the quality, connectivity and amount of woodlands and wetlands cover across the County?
   3. Has the application demonstrated conformity with Section 3.8.7 of the County of Simcoe OP by demonstrating consistency with the development objective to ensure that the location, scale, and form of development respect and support the protection of the County's natural heritage system?
   4. Has the application demonstrated conformity with Section 3.8.10 of the County of Simcoe OP by evaluating and assessing the subject lands for the following natural heritage features and areas:

a) Habitat of endangered species and threatened species;

b) Significant wetlands, significant coastal wetlands, other coastal wetlands, and all wetlands 2.0 ha or larger in area which have been determined to be locally significant, including but not limited to evaluated wetlands; Significant woodlands;

c) Significant valleylands;

d) Significant wildlife habitat;

e) Significant Areas of natural and scientific interest (ANSIs);

f) Regional Areas of natural and scientific interest (ANSIs);

g) Fish Habitat;

h) Linkage areas in accordance with Section 3.3.16; and,

i) Public lands as defined in the Public Lands Act.

The County's natural heritage system is generally identified as the Greenlands designation on Schedule 5.1?

5. Has the application demonstrated conformity with Section 3.3.22 of the County OP by demonstrating that the proposals to re-designate lands in the Greenlands designation shall not be permitted unless an EIS is submitted to the satisfaction of the County demonstrating that the policies of Section 3.3.15, 3.3.16, 3.8.15, 3.8.16 or 4.4.1 as applicable, and the relevant policies of the local municipal official plan are satisfied.

Conformity with Township of Clearview Official Plan (the "Township OP")

7. Has the application demonstrated conformity with the Township OP, as amended, and specifically:
   1. Has the application demonstrated conformity with Section 2.2 of the Township OP by demonstrating consistency with the development principles of subsection 2.2.2 through the protection of the Township's Areas of Natural and Scientific Interest (ANSI's) and Provincially-significant wetlands, significant valleylands, significant woodlands, the habitat of threatened and endangered species, and fisheries and wildlife habitat, as refined and delineated as Greenlands in the Official Plan of the County of Simcoe. As well as ensuing that any future development, that may be permitted within or adjacent to an identified natural heritage resource, shall be established in a manner which minimizes disruption to the resource and the character of the municipality in general?
   2. Has the application demonstrated conformity with Section 2.2.7 of the Township OP by demonstrating consistency with the development principles of subsection 2.2.7.1 through the preservation of the Township's natural heritage features including the habitat of threatened and endangered species, Areas of Natural and Scientific Interest (ANSIs), and significant wetlands, fish and wildlife habitat, woodlands and valleylands. Consideration, where appropriate, shall also be given to the protection of the habitat of vulnerable species?
   3. Has the application demonstrated conformity with Section 3.3 of the Township OP by demonstrating consistency with the goals of subsection 3.3.1.2 through the protection of the health and safety of area residents by preventing loss of life and minimizing property damage due to flooding and erosion?
   4. Has the application demonstrated conformity with Section 3.3 of the Township OP by demonstrating consistency with the development objectives of subsection 3.3.2.1 to protect, enhance and promote the rehabilitation of the ecological features and functions recognized by the Greenlands system in the County Plan, including rivers and streams, valley lands, wetlands, wildlife habitat and linkages, fish habitat, the habitat of threatened or endangered species, woodland and Areas of Natural and Scientific Interest (ANSI's). Consideration shall also be given, where appropriate, to the protection of habitat of vulnerable species?
   5. Has the application demonstrated conformity with Section 3.3 of the Township OP by demonstrating consistency with the development objectives of subsection 3.3.2.2 to prevent development and/or site alteration on lands adjacent to provincially-significant wetlands, the habitat of threatened or endangered species, fish habitat, significant woodlands, significant valley lands, significant wildlife habitat or hazardous lands pending the completion of an Environmental Impact Statement (EIS) demonstrating that there will be no negative impact on these natural heritage features and their functions?
   6. Has the application demonstrated conformity with Section 3.3 of the Township OP by demonstrating consistency with the development objectives of subsection 3.3.2.3 to prevent the occurrence of development on lands having inherent environmental hazardous such as poor drainage, inundation, flooding, erosion, steep slopes or any other physical conditions which could endanger life or property?
   7. Has the application demonstrated conformity with Section 3.3 of the Township OP by demonstrating consistency with the development objectives of subsection 3.3.2.4 to ensure that any existing or potential adverse impacts of one land use on another are adequately investigated and mitigated as a prelude to new development, and that appropriate measures are taken to minimize or avoid these impacts and/or afford protection against them?
   8. Has the application demonstrated conformity with Section 4.1.2.1.2 of the Township OP by demonstrating consistency with the policy directives for Greenland-Natural Heritage Uses?
   9. Has the application demonstrated conformity with Section 4.1.2.2 of the Township OP by demonstrating consistency with the Environmental Impacts Statement Guidelines?
   10. Has the application demonstrated conformity with Section 4.4 of the Township OP by demonstrating that the amount and type of non-farm development proposed within the Rural designation shall be consistent with maintaining the Township's historical agricultural community and rural character while protecting its natural heritage features?
   11. Has the application demonstrated conformity with Section 4.4 of the Township OP by demonstrating consistency with the policies of subsection 4.4.2.1 to ensure that all new agricultural and non-agricultural development shall comply with the Minimum Distance Separation Fomulae I or II and where a new or expanding use is located within or adjacent to natural heritage features, an environmental impact study (EIS) has been required in accordance with the policies of this Official Plan, separations as recommended by a Township approved EIS shall apply?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Applicant/ Appellant, Frank Renz
2. Township of Clearview
3. Applicant/ Appellant, Frank Renz, in reply

ATTACHMENT 4

MEANING OF TERMS

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert's duty.

A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a statement of the participant's position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

ATTACHMENT 5

SUMMARY OF KEY DATES

Date	Hearing Event
June 3, 2024	Exchange of List of Witnesses
July 22, 2024	Expert Witness Meeting
August 29, 2024	Filing of Statement(s) of Agreed Facts and Issues
August 2, 2024	Exchange of Witness Statements
August 2, 2024	Delivery of Participant Statements
August 12, 2024	Exchange of Reply Witness Statements
September 5, 2024	Exchange of Visual Evidence
August 19, 2024	Confirmation to Tribunal if all reserved hearing dates are still required
September 6, 2024	Filing of Joint Document Book
September 5, 2024	Filing of Hearing Plan
September 16, 2024	Hearing Commences